On 23 September 2026, SECTION27 will represent 50 former matric learners from Baphutheng Senior Secondary School in the Limpopo Division of the High Court in Polokwane. The learners will challenge the decisions of the Former Acting Head of Department of the Limpopo Department of Education (LDoE) and Member of the Executive Council (MEC) in Limpopo, who found the learners guilty of “group copying” and subsequently withheld their 2024 National Senior Certificate exam results for Business Studies and Economics.
The findings arose from similarities in the learners’ answers in Business Studies Paper 1 and Economics Paper 2. The learners have consistently denied cheating and explained that the similarities resulted from how they were taught. The learners were taught at an under-resourced school where they had limited access to learning and teaching materials such as textbooks and to compensate for the lack of these resources, educators used creative pedagogical methodologies such as singing, group repetition, and recitation to help learners memorise concepts and essay structures. There is no direct evidence of copying during the examinations. The educators, invigilators, as well as the principal of the school at the time were not questioned about these similarities. Instead, the LDoE made serious findings against the learners purely on the basis of the similarities observed in the scripts.
The LDoE now acknowledges that the disciplinary process followed against the learners was procedurally unlawful. However, instead of releasing their results, it seeks a new disciplinary hearing. This rehearing would return the learners to the same hands of the LDoE, which found them guilty through a process now accepted as procedurally unlawful; the same process that has consumed almost two years of their lives and risks further harm.
SECTION27 will argue that the High Court must set aside the decisions finding the learners guilty of group copying, and substitute that decision with one finding them not guilty and order that their matric results be released within five days of the order.
SECTION27 will argue further that the decision to withhold the learners’ results following an unlawful process is an infringement of their constitutional rights to basic and further education, equality, dignity, and freedom of trade, occupation and profession.
The human cost of these decisions has been immense. These 50 young people have lost opportunities to study and work, and their standing in their communities. They have lived under the stigma of being called ‘cheats’ and have been placed under severe emotional distress while their lives have remained on hold.
The learners have already lost two years to a process the LDoE now accepts was unlawful. They should not be made to lose more years because the LDoE failed to act lawfully the first time. A new hearing would not undo the harm already suffered; it would prolong it.
For media enquiries contact:
Pearl Nicodemus | nicodemus@section27.org.za | 082 298 2636
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